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83-068 - 07-05 Public Hearing Establish Storm Sewer FundResolution 83-68 July 5, 1983 Member Anderson introduced the following resolution and moved its adoption: RESOLUTION RELATING TO STORM SEWER IMPROVEMENT DISTRICT; CALLING A PUBLIC HEARING ON THE ADOPTION OF AN IMPROVEMENT PROGRAM AND THE ESTABLISHMENT OF A STORM SEWER FUND FOR THE DISTRICT BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City") as follows: 1. Pursuant to Ordinance No. 498, adopted August 20, 1979, Chapter XV of the City Code of the City of Golden Valley and Minnesota Statutes, Section 444.17 to 444.21, the City Council has established within the City a storm sewer improvement district known as the Storm Sewer Improvement District for the City of Golden Valley - 1979 (the "District"), legally described as follows: All of the City of Golden Valley except that part lying south of U.S. Highway No. 12 in Section 30, Township 29, Range 24, Hennepin County, Minnesota. Ordinance No. 498 and Section XV of the City Code were adopted pursuant to the provisions of Minnesota Statutes, Section 444.17, following a public hearing duly noticed and held in accordance with law. 2. Under authority granted by Laws 1979, Article X, Section 15, the City is authorized by resolution after notice and hearing to adopt a capital improvement program for a storm sewer improvement district established under Minnesota Statutes, Section 444.17. A capital improvement program (the "Program"), with respect to certain improvements to be undertaken on the South Fork of Bassett's Creek and certain improvements to the Main Channel of Bassett's Creek has now been prepared and this Council deems it appropriate to call a public hearing on the proposal to adopt the Program. 3. The City is also empowered by Laws 1979, Article X, Section 15, upon the adoption of the Program to establish by ordinance after notice and hearing a storm sewer reserve fund for the District. After establishment of such a storm e,;;cr reserve fund the City may thereafter annually levy the tax not exceeding one mill on all the taxable property within the District for the support of the storm sewer reserve fund in an aggregate amount equal to the actual or estimated cost, whichever is less, of the improvement projects as identified in the Program. This Council deems it appropriate at this time to call for a public hearing on the proposal that the City adopt an ordinance establishing a storm sewer reserve fund (the "Fund") for the District. 4. This Council shall meet at 7:30 PM, August 2, 1983 at 7800 Golden Valley Road, in the City for the purpose of hold a public hearing on the proposals to adopt the Program for the District and on the proposal to adopt an ordinance establishing the Fund for the District. The City Manager is hereby directed to cause notice of such public hearing in the form hereinafter set forth, to be published for two successive weeks in the official newspaper of the City, the last publication to be at least seven days prior to the date set for the hearing: Resolution 83-68 - Continued July 5, 1983 NOTICE OF PUBLIC HEARING ON PROPOSED IMPROVEMENT PROGRAM AND ESTABLISHMENT OF STORM SEWER RESERVE FUND (STORM SEWER IMPROVEMENT DISTRICT FOR THE CITY OF GOLDEN VALLEY - 1979) NOTICE IS HEREBY GIVEN that the City Council of the City of Golden Valley, Minnesota will meet on Tuesday, August 2, 1983 at 7:30 PM at the Civic Center, 7800 Golden Valley Road, in said City for the purpose of holding a public hearing on the proposal to adopt a capital improvement program for Storm Sewer Improvement District for the City of Golden Valley - 1979, (the "District"), on a proposal to establish a Storm Sewer Reserve Fund for the District as provided in Laws 1979, Chapter 303, Article X, Section 15. The District was previously created by the City and consists of all of the City of Golden Valley except that part lying south of U.S. Highway 12 in Section 30, Township 29, Range 24, Hennepin County, Minnesota. The proposed capital improvement program consists of the following storm sewer improvements: (a) improvements to the South Fork of Bassett's Creek from Jersey Ponds to Breck Pond and Chicago Northwestern Railroad Crossing at Sweeney Lake at a total cost of $3,149,268; and (b) improvements to the main channel of Bassett's Creek designated as Phase II of Bassett's Creek Flood Control Project at a total cost of $350,000. As set forth in the proposed capital improvement program, a copy of which is on file in the office of the City Clerk, the costs of the capital improvement program are anticipated to be paid from the proceeds of approximately $2,200,000 principal amount of storm sewer improvement bonds to be issued by the City under the authority of Laws 1979, Chapter 303, Article X and Minnesota Statutes, Section 444.17 - 444.21, and the remainder will be paid from grants from the Minnesota Department of Transportation and from bonds to be issued by the City under the authority of Minnesota Statutes, Chapter 429. Subsequent to the hearing on the adoption of the capital improvement program for the District, the City Council will hold a public hearing on a proposal to establish a Storm Sewer Reserve Fund for the District, pursuant to Laws 1979, Chapter 303, Article X, Section 15. Upon adoption of the capital improvement program and the establishment of the Storm Sewer Reserve Fund of the District, the City Council will be empowered to levy a tax not exceeding one mill on all of the taxable property in the District for the support of the Storm Sewer Reserve Fund, which tax will be used to finance the costs of the capital improvement program, including the payment of the storm sewer improvement bonds referred to above. All persons residing within the District and liable for the levy of the tax referred to above may appear at the time and place set forth above to be heard on the proposal to adopt a capital improvement program and the proposal to establish a Storm Sewer Reserve Fund for the District. BY ORDER OF THE CITY COUNCIL /s/ John F. Murphy John F. Murphy, City Clerk Resolution 83-68 - Continued r� Rosemary Tho rs_ 1a ATTFCT- July 5, 1983 The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Mitchell, Stockman and Thorsen, and the following was absent: Johnson, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk.